Selasa, 29 Maret 2022

These 5 Types of Online Fraud You Should Avoid

 
(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "The Mystery of the 7-Year Death of Akseyna, University of Indonesia Student", you may read also "Phryne Case: Free From The Death Penalty By Asking For Forgiveness" or "How To Report Online Scammer Or Fraud To The Police In Indonesia", or "Contoh Jawaban Gugatan Perdata" and on this occasion we will discuss about 'These 5 Types of Online Fraud You Should Avoid'. This article fully taken from www.detik.com, titled: "5 Modus Penipuan Online Ini Kerap Terjadi, Pernah Mengalami?" as stated in the reference.

The development of the digital world not only provides many conveniences, but also provides opportunities for criminal acts such as fraud. One of them is rampant, for example online fraud in financial transactions. For this reason, the public needs to increase vigilance by understanding the types of online fraud in order to avoid this crime. Quoted from the official FBI website, here are the various modes of online fraud and how to avoid them.[1]

Phishing

One practice that is often found is phishing. This practice is a technique used to trick the victim by providing a link or email that looks like a real one to get the victim's personal information.[2]

Because the given link or email address looks very similar, people are often trapped to click on the link. After that, the perpetrators can freely take personal data of their victims. The personal data that can be obtained by these perpetrators are in the form of email or application passwords, credit card numbers, to ATM PINs.[3]

Money Mule

The practice of Money Mule can be defined as the act of transferring illegally obtained money on behalf of another person. The money is generally obtained from crimes such as from fraud to the sale of prohibited goods.[4]

In practice, people who transfer money to other bank accounts will get a commission. This is done in order to launder the money obtained illegally which is difficult to track down by the police.[5]

Spoofing

Similar to phishing, this practice uses a link, website address, or email address that is similar to the intended party. The difference is, this practice disguises the site by distinguishing one letter or character in the address so that it looks very similar.[6]

Victims of spoofing generally do not feel that the intended party is actually a fake. Thus, the perpetrators of spoofing can freely interact with their victims as if they were the intended party.[7]

Sniffing

In short, sniffing is a crime in the form of wiretapping. The perpetrators usually take advantage of public network access. From the data traffic on the public network, the perpetrators can capture the data of their victims using special tools.[8]

Social Engineering

Social Engineering is a manipulation technique that utilizes the victim's human error to obtain personal information in the form of access or other important matters. The perpetrators usually observe the behavior and take advantage of the negligence of the victim.[9]

Simply put, the perpetrators take advantage of the victim's lack of knowledge when accessing the internet. The main purpose of the perpetrators, apart from taking personal information, is also to sabotage important data owned by the victim.[10] And if you are one of the many victims of online scams in Indonesia, contact us, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "5 Modus Penipuan Online Ini Kerap Terjadi, Pernah Mengalami?", www.detik.com., Muhammad Yoga Prastyo, Diakses pada tanggal 27 Maret 2022, https://inet.detik.com/security/d-6000093/5-modus-penipuan-online-ini-kerap-terjadi-pernah-mengalami.
2. Ibid.
3. Ibid.
4. Ibid.

Senin, 28 Maret 2022

The Mystery of the 7-Year Death of Akseyna, University of Indonesia Student

 
(kumparan.com)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Phryne Case: Free From The Death Penalty By Asking For Forgiveness", you may read also "Trial of Socrates" and on this occasion we will discuss about 'The Mystery of the 7-Year Death of Akseyna, University of Indonesia Student'. This article is entirely taken from www.kompas.com with the title: "Misteri 7 Tahun Kematian Mahasiswa UI Akseyna yang Belum Juga Terungkap..."as attached reference.

On Saturday (26/3/2022), the death of a young man named Akseyna Ahad Dori (19) has just entered the seventh year. Based on the records of Kompas.com, Akseyna was found lifeless in Kenanga Lake, University of Indonesia (UI), Depok, West Java, on March 26, 2015. Akseyna is a student majoring in Biology, Faculty of Mathematics and Natural Sciences UI. When first discovered, the victim was suspected of committing suicide.[1]

Later, the police investigating Akseyna's death stated that Akseyna was a murder victim. However, until now the case has not been revealed.[2]

Identified From The Nose

At that time, Akseyna's body was found by a UI student named Roni in a floating position in Lake Kenangan around 09.00 WIB. The discovery of Akseyna's body has attracted the attention of a number of people. Residents then gathered at the scene of the incident. At first, no one knew that the figure of the corpse was Akseyna because none of the identities were listed. The victim was seen still using a backpack containing a number of stones suspected to have drowned the body. The body was taken to the Kramatjati Police Hospital, East Jakarta, for identification.[3]

At that time, the Head of Criminal Investigation at the Depok Police, Kompol Agus Salim, said that at the same time the body was found, Akseyna's parents were looking for her son's whereabouts. At that time, Akseyna's parents contacted the police and then came from Yogyakarta to Jakarta to identify the body at the Kramatjari Police Hospital. The family confirmed that the body was that of Akseyna, who was identified by the shape of the victim's nose, clothes and shoes.[4]

"When the family examined the victim's body, there was a physical resemblance to the shape of the victim's nose. In addition, the clothes and shoes given by the parents added to the family's belief that it was indeed their child," Agus said on March 31, 2015.[5]

There Was a Will 

At that time the victim allegedly committed suicide because The police, who are investigating the case, found a will on the wall of Akseyna's boarding room. "Temporary suspicion of suicide. We found some kind of will from the victim," said Agus. The will was handwritten in English which implied the victim's final message.[6]
 
The letter reads "Will not return for please don't search for existence, my apologies for everything enternally." "The writing is in English. The point is, the victim doesn't want to be found and (asks) for an apology," said Agus. The letter was then investigated by the Forensic Laboratory Center (Puslabfor). The results showed that the writing was identical to Akeyna's handwriting.[7]

Irregularities 

Akseyna's father, Colonel (Sus) Mardoto, saw a number of irregularities regarding the death of his son. There were bruises on Akseyna's body. The presence of a number of stones found in the victim's bag was also suspected by the father. Apart from that, Mardoto is not sure that the piece of paper that his son is supposed to have written was a will. "If you commit suicide, you don't need to do something as complicated as that (writing a will)," said Mardoto.[8]

Alleged as a Murder Victim

The police did not stop at that time. A number of witnesses, evidence, and the results of the post-mortem were re-examined. Investigators also summoned expert witness graphologist from the American Handwriting Analysis Foundation Deborah Dewi to provide information regarding the handwriting of the letter.[9]

As a result, Deborah stated that the handwriting on the letter was not Akseyna's. Police later believed Akseyna was the victim of a murder. "What can be known is that the death toll is suspected not to have been a suicide," said the Director of General Crime Investigation at the Metro Jaya Police at the time, Commissioner Krishna Murti.[10]

Another thing that strengthens the suspicion is the post-mortem which concluded that Akseyna was allegedly unconscious before being plunged into the lake. In Akseyna's lungs there is also water and sand. It will not be found if the victim can not breathe. In addition, there was a tear in the heel of Akseyna's shoe, strengthening the suspicion that there was an attempt to drag the victim. Krishna then again doubts that Akseyna died by suicide. "The lake is shallow. If he committed suicide, why not plunge into the sea. Drowning himself is a very slow process of suicide. If you want to kill yourself, why not just jump off the roof of the building," said Krisha.[11]

Even though they were sure that Akseyna was the victim of a murder, the police had difficulty solving the case. The police said that the disclosure of this case was quite difficult because the condition of the place where the victim died had been damaged due to being entered by unauthorized persons. Thus, the case of Aksey's death is still a mystery to this day.[12]

And if you have any legal issue to solve, contact us, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Misteri 7 Tahun Kematian Mahasiswa UI Akseyna yang Belum Juga Terungkap...", www.kompas.com., Penulis : Muhammad Isa Bustomi, Editor : Nursita Sari, Diakses pada tanggal 27 Maret 2022, https://megapolitan.kompas.com/read/2022/03/26/19200541/misteri-7-tahun-kematian-mahasiswa-ui-akseyna-yang-belum-juga-terungkap.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Ibid.
10. Ibid.
11. Ibid.
12. Ibid.

Sabtu, 26 Maret 2022

Phryne Case: Free From The Death Penalty By Asking For Forgiveness

(www.akg-images.fr)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Trial of Socrates", you may read also "Complaints Post for Victims of Illegal Trading Robots" and on this occasion we will discuss about 'Phryne Case: Free From The Death Penalty By Asking For Forgiveness'.

The law applies to everyone indiscriminately. That's bullshit, because Phryne, an ancient Greek prostitute woman, escaped the death penalty just because she was beautiful. This means that the law doesn't work for someone who is beautiful, like Phryne, even though it's clear that she has committed a crime.[1]

In Ancient Greece, Phryne was known as a top entertainer. Many are crazy about Phryne, because she has a beautiful face and a curvaceous body. Once upon a time, Phryne stumbled upon a serious case. She was brought before the court on the death penalty. Phryne was helpless and she was left waiting for her fate in the courtroom. However, Phryne has an intelligent defender named Hyperides.[2]

During the trial Phryne and Hyperides listened to all charges without interrupting or interrupting. It was their turn to defend themselves, Phryne and Hyperides didn't say much. Then Hyperides whispered a sentence in Phryne's ear. The girl nodded and confidently walked to the front of the court. Shortly after standing up, Phryne immediately took off the clothes she was wearing one by one. Phryne finally naked without a single thread attached to her body. What Phryne did was actually pornographic category. But what happened? After being naked, Phryne approached the judges one by one, begging for forgiveness.[3]

A judge then said: "I don't think I can punish God's creation as beautiful as this". The judge's decision was later approved by the other judges. Phryne is finally free from the death penalty. Yes, it seems that Phryne is immune from the law only with her facial beauty and body beauty. From that case, the law applies to everyone indiscriminately, it turns out to be nonsense.[4]

There are several things that we must pay attention carefully in reading this case, first, it needs to be reiterated that Phryne did not escape the law, she only escaped the death penalty. This means that if it can be compared with the conditions of the current criminal trial, he has escaped the maximum charge submitted by the Prosecutor. Second, Phryne made a legal defense through an apology and forgiveness for the mistakes she had made in court. In a criminal trial, this is possible. Third, about being naked in court when asking for forgiveness, according to the author, this is just a condiment or a kind of trick in addition, because it is directly proportional to her profession as a prostitute. And if you need an attorneys to defend your rights on trial, contact us, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Phryne Bebas dari Hukuman Mati Cuma Bermodalkan Telanjang dan Mohon Ampunan", zonapriangan.pikiran-rakyat.com., Diakses pada tanggal 26 Maret 2022, https://zonapriangan.pikiran-rakyat.com/internasional/pr-461954728/phryne-bebas-dari-hukuman-mati-cuma-bermodalkan-telanjang-dan-mohon-ampunan?page=3
2. Ibid.
3. Ibid.
4. Ibid.

Jumat, 25 Maret 2022

Trial of Socrates

(Jacques-Louis David)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Posko Pengaduan Korban Robot Trading Ilegal" you may read also "Complaints Post for Victims of Illegal Trading Robots" and on this occasion we will discuss about 'Trial of Socrates'. This article full cited from https://en.wikipedia.org., titled the same as this article.

The trial of Socrates (399 BC) was held to determine the philosopher's guilt of two charges: asebeia (impiety) against the pantheon of Athens, and corruption of the youth of the city-state; the accusers cited two impious acts by Socrates: "failing to acknowledge the gods that the city acknowledges" and "introducing new deities".[1]

The death sentence of Socrates was the legal consequence of asking politico-philosophic questions of his students, which resulted in the two accusations of moral corruption and impiety. At trial, the majority of the dikasts (male-citizen jurors chosen by lot) voted to convict him of the two charges; then, consistent with common legal practice voted to determine his punishment and agreed to a sentence of death to be executed by Socrates's drinking a poisonous beverage of hemlock.[2]

Primary-source accounts of the trial and execution of Socrates are the Apology of Socrates by Plato and the Apology of Socrates to the Jury by Xenophon of Athens, who had also been his student; modern interpretations include The Trial of Socrates (1988) by the journalist I. F. Stone, and Why Socrates Died: Dispelling the Myths (2009) by the Classics scholar Robin Waterfield.[3]

Background

Before the philosopher Socrates was tried for moral corruption and impiety, the citizens of Athens knew him as an intellectual and moral gadfly of their society. In the comic play, The Clouds (423 BC), Aristophanes represents Socrates as a sophistic philosopher who teaches the young man Pheidippides how to formulate arguments that justify striking and beating his father. Despite Socrates denying he had any relation with the Sophists, the playwright indicates that Athenians associated the philosophic teachings of Socrates with Sophism. As philosophers, the Sophists were men of ambiguous reputation, "they were a set of charlatans that appeared in Greece in the fifth century BC, and earned ample livelihood by imposing on public credulity: professing to teach virtue, they really taught the art of fallacious discourse, and meanwhile propagated immoral practical doctrines."[4]

Besides The Clouds, the comic play The Wasps (422 BC) also depicts inter-generational conflict, between an older man and a young man. Such representations of inter-generational social conflict among the men of Athens, especially in the decade from 425 to 415 BC, can reflect contrasting positions regarding opposition to or support for the Athenian invasion of Sicily. Many Athenians blamed the teachings of the Sophists and of Socrates for instilling the younger generation with a morally nihilistic, disrespectful attitude towards their society.[5]

Socrates left no written works; however, his student and friend, Plato, wrote Socratic dialogues, featuring Socrates as the protagonist. As a teacher, competitor intellectuals resented Socrates's elenctic examination method for intellectual inquiry, because its questions threatened their credibility as men of wisdom and virtue.[6]

It has sometimes been claimed that Socrates described himself as the "gadfly" of Athens which, like a sluggish horse, needed to be aroused by his "stinging". In the Greek text of his defense given by Plato, Socrates never actually uses that term (viz., "gadfly" [Grk., oîstros])[ to describe himself. Rather, his reference is merely allusive, as he (literally) says only that he has attached himself to the City (proskeimenon tē polei) in order to sting it. Nevertheless, he does make the bold claim that he is a god's gift to the Athenians. Socrates' elenctic method was often imitated by the young men of Athens.[7]

Association with Alcibiades and the Thirty Tyrants

Alcibiades was an Athenian general who had been the main proponent of the disastrous Sicilian Expedition during the Peloponnesian Wars, where virtually the entire Athenian invading force of more than 50,000 soldiers and non-combatants (e.g., the rowers of the Triremes) was killed or captured and enslaved. He was a student and close friend of Socrates, and his messmate during the siege of Potidaea (433–429 BC). Socrates remained Alcibiades' close friend, admirer, and mentor for about five or six years. During his career, Alcibiades famously defected to Sparta, Athens' arch-enemy, after being summoned to trial, then to Persia after being caught in an affair with the wife of his benefactor (the King of Sparta). He then defected back to Athens after successfully persuading the Athenians that Persia would come to their aid against Sparta (though Persia had no intention of doing so). Finally driven out of Athens after the defeat of the Battle of Notium against Sparta, Alcibiades was assassinated in Phrygia in 400 BC by his Spartan enemies.[8]

Another possible source of resentment was the political views that he and his associates were thought to have embraced. Critias, who appears in two of Plato's Socratic dialogues, was a leader of the Thirty Tyrants (the ruthless oligarchic regime that ruled Athens, as puppets of Sparta and backed by Spartan troops, for eight months in 404–403 BC until they were overthrown). Several of the Thirty had been students of Socrates, but there is also a record of their falling out.[9]

As with many of the issues surrounding Socrates' conviction, the nature of his affiliation with the Thirty Tyrants is far from straightforward. During the reign of the Thirty, many prominent Athenians who were opposed to the new government left Athens. Robin Waterfield asserts that "Socrates would have been welcome in oligarchic Thebes, where he had close associates among the Pythagoreans who flourished there, and which had already taken in other exiles.": 183  Given the availability of a hospitable host outside of Athens, Socrates, at least in a limited way, chose to remain in Athens. Thus, Waterfield suggests, Socrates' contemporaries probably thought his remaining in Athens, even without participating in the Thirty's bloodthirsty schemes, demonstrated his sympathy for the Thirty's cause, not neutrality towards it. This is proved, Waterfield argues, by the fact that after the Thirty were no longer in power, anyone who had remained in Athens during their rule was encouraged to move to Eleusis, the new home of the expatriate Thirty. Socrates did oppose the will of the Thirty on one documented occasion. Plato's Apology has the character of Socrates describe that the Thirty ordered him, along with four other men, to fetch a man named Leon from Salamis so that the Thirty could execute him. While Socrates did not obey this order, he did nothing to warn Leon, who was subsequently apprehended by the other four men.[10]

Support of oligarchic rule and contempt for Athenian democracy

According to the portraits left by some of Socrates' followers, Socrates himself seems to have openly espoused certain anti-democratic views, the most prominent perhaps being the view that it is not majority opinion that yields correct policy but rather genuine knowledge and professional competence, which is possessed by only a few. Plato also portrays him as being severely critical of some of the most prominent and well-respected leaders of the Athenian democracy; and even has his claim that the officials selected by the Athenian system of governance cannot credibly be regarded as benefactors since it is not any group of many that benefits, but only "someone or very few persons". Finally, Socrates was known as often praising the laws of the undemocratic regimes of Sparta and Crete. Plato himself reinforced anti-democratic ideas in The Republic, advocating rule by elite, enlightened "Philosopher-Kings".[11]

The totalitarian Thirty Tyrants had anointed themselves as the elite, and in the minds of his Athenian accusers, Socrates was guilty because he was suspected of introducing oligarchic ideas to them. Larry Gonick, in his "Cartoon History of the Universe" wrote:
"The trial of Socrates has always seemed mysterious ... the charges sound vague and unreal ... because behind the stated charges was Socrates's real crime: preaching a philosophy that produced Alcibiades and Critias ... but of course he couldn't be prosecuted for that under the amnesty [which had been declaredafter the overthrow of the Thirty Tyrants] ... so his accusers made it "not believing the Gods of the city, introducing new gods, and corrupting the youth".
Apart from his views on politics, Socrates held unusual views on religion. He made several references to his spirit, or daimonion, although he explicitly claimed that it never urged him on, but only warned him against various prospective actions.[12]

Trial

The formal accusation was the second element of the trial of Socrates, which the accuser, Meletus, swore to be true, before the archon (a state officer with mostly religious duties) who considered the evidence and determined that there was an actionable case of "moral corruption of Athenian youth" and "impiety", for which the philosopher must legally answer; the archon summoned Socrates for a trial by jury.[13]

Athenian juries were drawn by lottery, from a group of hundreds of male-citizen volunteers; such a great jury usually ensured a majority verdict in a trial. Although neither Plato nor Xenophon of Athens identifies the number of jurors, a jury of 501 men likely was the legal norm. In the Apology of Socrates (36a–b), about Socrates's defence at trial, Plato said that if just 30 of the votes had been otherwise, then Socrates would have been acquitted (36a), and that (perhaps) less than three-fifths of the jury voted against him (36b). Assuming a jury of 501, this would imply that he was convicted by a majority of 280 against 221.[14]

Having been found guilty of corruption and impiety, Socrates and the prosecutor suggested sentences for the punishment of his crimes against the city-state of Athens. Expressing surprise at the few votes required for an acquittal, Socrates joked that he be punished with free meals at the Prytaneum (the city's sacred hearth), an honour usually held for a benefactor of Athens, and the victorious athletes of an Olympiad. After that failed suggestion, Socrates then offered to pay a fine of 100 drachmae – one-fifth of his property – which largesse testified to his integrity and poverty as a philosopher. Finally, a fine of 3,000 drachmae was agreed, proposed by Plato, Crito, Critobulus, and Apollodorus, who guaranteed payment – nonetheless, the prosecutor of the trial of Socrates proposed the death penalty for the impious philosopher. (Diogenes Laërtius, 2.42). In the end, the sentence of death was passed by a greater majority of the jury than that by which he had been convicted.[15]

In the event, friends, followers, and students encouraged Socrates to flee Athens, an action which the citizens expected; yet, on principle, Socrates refused to flout the law and escape his legal responsibility to Athens (see: Crito). Therefore, faithful to his teaching of civic obedience to the law, the 70-year-old Socrates executed his death sentence and drank the hemlock, as condemned at trial. (See: Phaedo).[16]

Ancient Interpretations of the trial of Socrates

In the time of the trial of Socrates, the year 399 BC, the city-state of Athens recently had endured the trials and tribulations of Spartan hegemony and the thirteen-month régime of the Thirty Tyrants, which had been imposed consequently to the Athenian defeat in the Peloponnesian War (431–404 BC). At the request of Lysander, a Spartan admiral, the Thirty men, led by Critias and Theramenes, were to administer Athens and revise the city's democratic laws, which were inscribed on a wall of the Stoa Basileios. Their actions were to facilitate the transition of the Athenian government from a democracy to an oligarchy in service to Sparta.[17]

Moreover, the Thirty Tyrants also appointed a council of 500 men to perform the judicial functions that once had belonged to every Athenian citizen. In their brief régime, the Spartan oligarchs killed about five percent of the Athenian population, confiscated much property, and exiled democrats from the city proper. The fact that Critias, leader of the Thirty Tyrants, had been a pupil of Socrates was held against him.[18]

Plato's presentation of the trial and death of Socrates inspired writers, artists, and philosophers to revisit the matter. For some, the execution of the man whom Plato called "the wisest and most just of all men" demonstrated the defects of democracy and of popular rule; for others, the Athenian actions were a justifiable defence of the recently re-established democracy.[19]

Modern Interpretations of the trial of Socrates

In The Trial of Socrates (1988), I. F. Stone argued that Socrates wanted to be sentenced to death, to justify his philosophic opposition to the Athenian democracy of that time, and because, as a man, he saw that old age would be an unpleasant time for him.[20]

In the introduction to his play Socrates on Trial (2007), Andrew Irvine claimed that because of his loyalty to Athenian democracy, Socrates willingly accepted the guilty verdict voted by the jurors at his trial:
"During a time of war, and great social and intellectual upheaval, Socrates felt compelled to express his views, openly, regardless of the consequences. As a result, he is remembered today, not only for his sharp wit and high ethical standards, but also for his loyalty to the view that, in a democracy, the best way for a man to serve himself, his friends, and his city – even during times of war – is by being loyal to, and by speaking publicly about the truth."
In Why Socrates Died: Dispelling the Myths (2009), Robin Waterfield wrote that the death of Socrates was an act of volition motivated by a greater purpose; Socrates "saw himself as healing the City's ills by his voluntary death".[4]: 204  Waterfield wrote that Socrates, with his unconventional methods of intellectual enquiry, attempted to resolve the political confusion then occurring in the city-state of Athens, by willingly being the scapegoat, whose death would quiet old disputes, which then would allow the Athenian polis to progress towards political harmony and social peace.[21]

In The New Trial of Socrates (2012), an international panel of ten judges held a mock re-trial of Socrates to resolve the matter of the charges levelled against him by Meletus, Anytus, and Lycon, that: "Socrates is a doer of evil and corrupter of the youth, and he does not believe in the gods of the state, and he believes in other new divinities of his own". Five judges voted guilty and five judges voted not guilty. Limiting themselves to the facts of the case against Socrates, the judges did not consider any sentence, but the judges who voted the philosopher guilty said that they would not have considered the death penalty for him.[22]

Rhetorical scholar Collin Bjork contended that Plato's depiction of the trial makes an important contribution to rhetorical theories of ethos, one that countered "prevailing notions of rhetoric as an art primarily concerned with making individual speeches and foreground[ed] instead the rhetorical impact of a lifetime of philosophical-cum-rhetorical activity" (258).[23] And if you need an attorneys to assist your trial, contact us, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Trial of Socrates", en.wikipedia.org., Diakses pada tanggal 25 Maret 2022, https://en.wikipedia.org/wiki/Trial_of_Socrates
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Ibid.
10. Ibid.
11. Ibid.
12. Ibid.
13. Ibid.
14. Ibid.
15. Ibid.
16. Ibid.
17. Ibid.
18. Ibid.
19. Ibid.
20. Ibid.
21. Ibid.
22. Ibid.
23. Ibid.

Senin, 21 Maret 2022

Posko Pengaduan Korban Robot Trading Ilegal

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Sebelumnya platform Hukumindo.com telah membahas mengenai "Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History" anda juga bisa membaca artikel kami berjudul "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?" dan pada kesempatan ini kami akan membahas 'Posko Pengaduan Korban Robot Trading Ilegal'.

Baru-baru ini Indonesia disuguhkan berita menarik dengan ditangkapnya dua orang "crazy rich", yakni Doni Salmanan (Quotex App) dan Indra Kenz (Binomo App) terkait penipuan menggunakan aplikasi trading yang ternyata, setelah diselidiki oleh Polisi, adalah judi online. Selain itu, baru-baru ini muncul lagi kasus serupa, yakni robot dagang ilegal Fahrenheit, sepintas dari informasi yang beredar menyedot nominal kerugian yang tak kalah fantastis.

Bagi Anda korban aplikasi robot perdagangan ilegal seperti Quotex, Binomo dan Fahrenheit, serta robot perdagangan ilegal lainnya yang belum terekspos, berdomisili di Indonesia maupun di luar negeri, dengan ini Mahmud Kusuma Advocate Law Office membuka Pos Pengaduan untuk Korban Robot Perdagangan Ilegal. Kami akan melaporkan anda ke Bareskrim Mabes Polri sebagai korban robot perdagangan illegal, atau membuat Laporan Polisi baru jika memang diperlukan.


*) Untuk informasi lebih lanjut silahkan hubungi kami di:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, Lt. 17, Unit 2&5,
Jalan Lingkar Luar Barat, 101, Rawa Buaya,
Cengkareng, Kota Jakarta Barat,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

Complaints Post for Victims of Illegal Trading Robots

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History" you may read also "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?" and on this occasion we will discuss about 'Complaints Post for Victims of Illegal Trading Robots'.

Recently, Indonesia was presented with interesting news with the arrest of two "crazy rich", namely Doni Salmanan (Quotex App) and Indra Kenz (Binomo App) related to a trading application fraud which turned out to be, after being investigated by the Police, as online gambling. In addition, recently another similar case has emerged, namely Fahrenheit's illegal trading robot, at a glance from the information circulating, sucking up a nominal amount of loss that is no less fantastic. 

For those of you who are victims of illegal trading robot applications such as Quotex, Binomo and Fahrenheit, as well as other illegal trading robots that have not been exposed, domiciled in Indonesia or abroad, hereby Mahmud Kusuma Advocate Law Office opens the Complaints Post for Victims of Illegal Trading Robots. We will report the victims to the Criminal Investigation Unit of the Police Headquarters as victims, or make a new Police Report if necessary. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

Kamis, 17 Maret 2022

These 5 Acts Are Crimes in Indonesia

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History", "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'These 5 Acts Are Crimes in Indonesia'.

When you visit another country either for a vacation or to do business, please keep your attitude in accordance with the laws in the destination state. Sometimes, the laws that apply in our country are different from the laws that apply in another country. The same applies when you visit Indonesia, an act may be allowed in your country but prohibited in Indonesia. Indonesia is an independent and sovereign country that has its own legal system. Here are 5 Acts which classified as a Crimes in Indonesia which may be allowed in your country.

Gambling

Macau and Las Vegas legalize gambling. Casinos employ 20 percent of the population in Macau. Locals rarely visit casinos to gamble and government employees are prohibited from gambling here. The majority of gamblers are from mainland China and Hong Kong. The Portuguese settled in Macau in the 16th century and the island was handed back to China in 1999.[1] Las Vegas is known as a city built on human sin. The city is known as the gambling center of the world. The practice of gambling operates 24 full hours throughout the city center. Tens or hundreds of millions of US dollars spin every second on the Las Vegas gambling table. They can suddenly get rich by gambling, or vice versa become poor.[2]

In Indonesia, gambling is a criminal act. Regulations related to gambling in Indonesia have been regulated in several articles, one of which regulates the gambling article, namely Article 303 bis Paragraph (1) of the Criminal Code, while the online gambling article is regulated in Article 27 Paragraph (2) of the ITE (Information and Electronic Transaction) Law No. 45 Paragraph (2) No.19 of 2016. 

Marijuana

The psychotropic substances in the plant (marijuana) are believed to be able to provide healing therapy for patients with nervous disorders, depression, autism, Parkinson's, to cancer. However, research on marijuana for medical needs is still being carried out. There are at least nine countries that have now legalized the use of marijuana for medical and recreational purposes, including these countries: Canada, Italy, Argentina, Australia, Mexico, Uruguay, South Africa, the Netherlands and Germany.[3]

Marijuana is a type of narcotics class I as stated in the List of Narcotics Category I number 8 Attachment to the Regulation of the Minister of Health Number 50 of 2018 concerning Changes in the Classification of Narcotics ("Permenkes 50/2018"). The act of possessing marijuana can be punished as stipulated in Article 112 of the Narcotics Law (Law No. 35 of 2009 concerning Narcotics and its amendments). A person who uses narcotics without rights or against the law can be punished based on Article 127 paragraph (1) letter 'a' of the Narcotics Law which states that any abuser of class I narcotics for oneself is sentenced to a maximum imprisonment of 4 (four) years.

Blasphemy

Freedom of expression, which is commonplace in other countries, does not apply absolutely in Indonesia, you should never make criticism that will drag you into religious blasphemy. The actions of critics such as those carried out by the French magazine Charlie Hebdo (often displays journalistic content in the form of caricatures including satirical jokes. This magazine often criticizes politics, culture and religion) are classified crimes of blasphemy in Indonesia.

Blasphemy is regulated in Article 156 of the Criminal Code, with a maximum imprisonment of four years. One of the famous cases of blasphemy in Indonesia is the case of Basuki Tjahaya Purnama/Ahok (Former Governor of Jakarta).

Pornography

You will not find magazines like Playboy, FHM, Maxim, or Pornhub website in Indonesia, because pornography in Indonesia is classified as a crime. 

Pornography has been regulated in several laws, including: a). the Criminal Code (“KUHP”); b). Law Number 11 of 2008 concerning Information and Electronic Transactions (“ITE Law”) as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (“Law 19/ 2016”); and c). Law Number 44 of 2008 concerning Pornography (“Pornography Law”). 

Terrorism Financing

The intention of your heart is to donate to religious activities in Indonesia, but you have to be careful, don't let your actions be classified as financing terrorism. Based on Law no. 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing (TPPT), Terrorism financing is the use of assets directly or indirectly for terrorist activities. You may conduct consultation to us first if you want to donate on the basis of religion in Indonesia. 

In Indonesia itself, the explanation of the financing of terrorism is explained in Law Number 9 of 2013 concerning the Prevention and Eradication of the Crime of Financing of Terrorism. It is stated that the financing of terrorism is any act in the context of providing, collecting, giving, or lending funds, either directly or indirectly, with the intention of being used and/or known to be used to carry out terrorist activities, terrorist organizations, or terrorists.[4]

And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "8 Hal Menarik tentang Makau, Kota Judi Terbesar di Asia", www.cnnindonesia.com., Diakses pada tanggal 17 Maret 2022, https://www.cnnindonesia.com/gaya-hidup/20210618211451-269-656441/8-hal-menarik-tentang-makau-kota-judi-terbesar-di-asia
2. "Pusat Prostitusi hingga Bandar Judi, 5 Kota Ini Dijuluki Paling Berdosa di Dunia", kumparan.com., Diakses pada tanggal 17 Maret 2022, https://kumparan.com/kumparantravel/pusat-prostitusi-hingga-bandar-judi-5-kota-ini-dijuluki-paling-berdosa-di-dunia-1wMqj5lpdbW/3
3. "9 Negara yang Melegalkan Penggunaan Ganja", www.cnnindonesia.com., Diakses pada tanggal 17 Maret 2022, https://www.cnnindonesia.com/internasional/20211008023222-134-704943/9-negara-yang-melegalkan-penggunaan-ganja
4. "Pola Kejahatan Dalam Pendanaan Terorisme", www.ppatk.go.id., Diakses pada tanggal 17 Maret 2022, https://www.ppatk.go.id/siaran_pers/read/952/pola-kejahatan-dalam-pendanaan-terorisme-.html

Selasa, 15 Maret 2022

Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History

(gettyimages)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Case of Boredom at Work" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History'. Recently, Indonesia was presented with interesting news with the arrest of two "crazy rich", namely Doni Salmanan (Quotex App) and Indra Kenz (Binomo App) related to a trading application fraud which turned out to be, after being investigated by the Police, as online gambling. If we learn from history, then one of the biggest fraud case in investment is carried out by Bernie Madoff. So that we are well alert and let's read this case again. 

Brief History of Bernie Madoff

Madoff was born on April 29, 1938, in Queens, New York City, the son of Sylvia (Muntner) and Ralph Madoff, who was a plumber and stockbroker. His family was Jewish. Madoff's grandparents were emigrants from Poland, Romania, and Austria. He was the second of three children; his siblings are Sondra Weiner and Peter Madoff. Madoff graduated from Far Rockaway High School in 1956.[1]

Madoff attended the University of Alabama for one year, where he became a brother of the Tau Chapter of the Sigma Alpha Mu fraternity, then transferred to and graduated from Hofstra University in 1960 with a Bachelor of Arts in political science. Madoff briefly attended Brooklyn Law School, but left after his first year to found Bernard L. Madoff Investment Securities LLC and work for himself.[2]

In 1960, Madoff founded Bernard L. Madoff Investment Securities LLC as a penny stock broker-dealer with $5,000 (equivalent to $44,000 in 2020) that he earned from working as a lifeguard and irrigation sprinkler installer and a loan of $50,000 from his father-in-law, accountant Saul Alpern, who referred a circle of friends and their families. Carl J. Shapiro was one such early customer, investing $100,000. Initially, the firm made markets (quoted bid and ask prices) via the National Quotation Bureau's Pink Sheets. In order to compete with firms that were members of the New York Stock Exchange trading on the stock exchange's floor, his firm began using innovative computer information technology to disseminate its quotes. After a trial run, the technology that the firm helped to develop became the NASDAQ. After 41 years as a sole proprietorship, the Madoff firm incorporated in 2001 as a limited liability company with Madoff as the sole shareholder.[3]

The firm functioned as a third market trading provider, bypassing exchange specialist firms by directly executing orders over the counter from retail brokers. At one point, Madoff Securities was the largest market maker at the NASDAQ, and in 2008 was the sixth-largest market maker in S&P 500 stocks. The firm also had an investment management and advisory division, which it did not publicize, that was the focus of the fraud investigation.[4]

Madoff was "the first prominent practitioner" of payment for order flow, in which a dealer pays a broker for the right to execute a customer's order. This has been called a "legal kickback". Some academics have questioned the ethics of these payments. Madoff argued that these payments did not alter the price that the customer received. He viewed the payments as a normal business practice:[5]
"If your girlfriend goes to buy stockings at a supermarket, the racks that display those stockings are usually paid for by the company that manufactured the stockings. Order flow was an issue that attracted a lot of attention but was grossly overrated".
Madoff was active in the National Association of Securities Dealers (NASD), a self-regulatory securities-industry organization. He served as chairman of its board of directors, and was a member of its board of governors.[6]

What is a Ponzi Scheme and How Does it Work?

What is a Ponzi Scheme? Quoting the book Free from Financial Fraud by Benny Santoso, a ponzi scheme is a fraudulent mode that promises quick profits for its victims. Why do ponzi schemes still attract so many victims? Because the ponzi scheme has a very tempting bait, where the victim is promised to get money quickly and easily. Fraudsters only need to change the external form of this ponzi scheme, then victims will come and fall into the trap of this scam. In general, a ponzi scheme is able to provide benefits for members who join first, where the benefits are taken from members who join later.[7]

Ponzi schemes are often referred to as pyramid schemes, because the members who join are divided into levels or levels that are shaped like pyramids. The first member to join will occupy the highest level, namely at the top of the pyramid. The next member who joins will occupy the level below it.[8]

Thus, the composition of the members of the ponzi scheme is that the number of members at the top tier is less than the number of members at the lower tier so that the pattern is similar to the shape of a pyramid.[9]

How Does it Work? The first possibility, the first member to join must recruit other members to join. This means that each member must actively recruit new members to join him. Usually, ponzi schemes are very simple in form to give the impression that these schemes are easy to implement. For example, one member only needs to recruit two or three people. Now from the recruitment of new members, old members will be given certain benefits. Profit sharing schemes are usually clearly notified from the start of members joining. Usually, a ponzi scheme that uses this method will form a chain social gathering or under the guise of multi-level marketing (MLM).[10]

The second possibility, the members do not need to recruit new members but the company will recruit new members themselves. Although there is no need to recruit new members like the first method, old members will still get money from people who have just signed up. Usually, ponzi schemes that use this second method will take the form of cooperatives, illicit banks, or investment schemes. Although somewhat different ways, these two methods will still have a detrimental impact on most members, especially for members who have just joined at the end.[11]

Bernie Madoff's Story Loses $65 Billion Client With Ponzi Scheme

The biggest ponzi scam in the world is none other than the ponzi scam scheme by Bernie Madoff. With the real name Bernard L. Madoff, he is known as a icon artist who has cost clients up to $65 billion over the years. By establishing Bernard L. Madof Investment Securities, victims of Madoff's fraud include individuals, charities, pension funds, to hedge funds or investment managers.[12]

Bernie Madoff founded a company called Bernard L Madoff Investment Securities LCC in 1960. The company he created was able to attract rich people to invest. With the smooth development of his bogus investment firm over 50 years, Bernie Madoff is well-known on the Wall Street Exchange as a major financial manager who founded his own company at the age of 22. Madoff was also appointed non-executive chairman of the Nasdaq in 1990.[13]

To note, the way the Ponzi scheme investment works is by promising tantalizing returns if the investor succeeds in inviting other people to join. Then the old investors will be paid with income from new investors, and so on until there are no more new investors. In the case of Bernie Madoff, he caused a global commotion by breaking into ponzi schemes for years in the practice of digging holes in his clients' investment holes.[14]

In 1992, Madoff's cheating began to be detected, but Madoff always brushed it off. Until the economic crisis in the US in 2008 made Madoff no longer able to pay his customers, the ponzi scheme that had been carried out so far was exposed. Madoff was officially arrested on December 11, 2008, where Madoff had previously admitted to his two children, Mark and Andrew, that the business he was running was a lie. Then it was Madoff's two children who reported his father to the Police.[15]

The man who was born in Queens, New York, in 1938, was finally sentenced by a jury in 2009. He was held in Butner, North Carolina, federal prison for 150 years. The US Federal Bureau of Prisons (FBP) said that the biggest pozi scheme fraudster, Bernie Madoff, died on April 15, 2021, at the age of 82. It said the cause of death was not disclosed, but Madoff was diagnosed with kidney failure with 18 months remaining.[16] And if you have troubles during your investment process in Indonesia, contact us, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Bernie Madoff", www.wikipedia.org., Diakses pada tanggal 14 Maret 2022, https://en.wikipedia.org/wiki/Bernie_Madoff
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. "Apa Itu Skema Ponzi dan Bagaimana Cara Kerjanya?", www.kompas.com., Penulis : Isna Rifka, Editor : Akhdi Martin Pratama, Diakses pada tanggal 14 Maret 2022, Klik untuk baca: https://money.kompas.com/read/2022/01/27/110800226/apa-itu-skema-ponzi-dan-bagaimana-cara-kerjanya?page=all.
8. Ibid.
9. Ibid.
10. Ibid.
11. Ibid.
12. "Penipuan Ponzi Terbesar, Kisah Bernie Madoff Rugikan Klien USD65 Miliar", www.idxchannel.com., Diakses pada tanggal 14 Maret 2022, https://www.idxchannel.com/economia/penipuan-ponzi-terbesar-kisah-bernie-madoff-rugikan-klien-usd65-miliar
13. Ibid.
14. Ibid.
15. Ibid.
16. Ibid.

Sabtu, 12 Maret 2022

Case of Boredom at Work

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Sperm Theft Case" you may read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Case of Boredom at Work'.

In a 2016 case, a French citizen named Frederic Desnard filed a lawsuit worth 360,000 euros against his former employer for "falling into hell" and "nightmare", two words he uses to describe his level of boredom at work. The defendant was Interparfums, a French perfume company where Desnard worked for 8 years until he was forced out due to his boredom.[1]

He suspected that the company had deliberately ostracized him after failing to secure a major contract. Then, after 7 months of sick leave due to epilepsy and stomach ulcers, he was fired. The case then included allegations of harassment at work by Desnard's superviors, such as harsh words and insulting tasks such as picking up the boss's children from school.[2]

Desnard's lawyer stated that "being so bored" was seen as harassment and the company had to pay for the mental torture the employee suffered. The case was then handled by the Paris labor court. There should have been a decision on 27 July 2016, but the court has instead scheduled a new trial.[3] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia
2. Ibid.
3. Ibid.

Jumat, 11 Maret 2022

Sperm Theft Case

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Selling Corn Seeds, Even Imprisoned" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Sperm Theft Case'.

In 1998, a man named Peter Wallis from Albuquerque filed a lawsuit against his ex-girlfriend, Kellie Smith, who became pregnant without an agreement and thus violated the contract because of "deliberately obtaining and abusing the man's sperm." According to Wallis, Smith had been warned to use birth control pills. However, the woman then deliberately stopped using the pill to get pregnant from her lover.[1]

As a result, Wallis didn't even know he was going to be a father. The demand for money refers to the reason that he has to pay for the care of a child he does not want. According to the defendants, Smith could not have "stealed" the sperm because it was transferred during a mutually agreed act so that it was legally considered a gift and Wallis no longer had any ownership rights to it.[2]

When he heard about the pregnancy, Wallis proposed to Smith and asked the woman to have an abortion. But Smith refused both things and moved to live with his parents. Contrary to Wallis's argument that women have a choice and it is unfair to him to be asked to pay, Smith has the right to refuse both requests and so he wins the case.[3] And if you have difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia
2. Ibid.
3. Ibid.

Kamis, 10 Maret 2022

Selling Corn Seeds, Even Imprisoned

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Selling Corn Seeds, Even Imprisoned'.

Tukirin and Kuncoro are two simple men who are trying their luck as sellers of hybrid corn seeds in Kediri, East Java. But they don't know, just because the seeds they sell don't go through laboratory tests and are considered to be 'pirating' a well-known brand, they get a prison sentence.[1]

In fact, these two people are farmers without any bad intentions. Unfortunately, according to Law No. 12/1992 on the Crop Cultivation System (UUSBT) they were guilty and deemed not to have a license to sell hybrid corn seeds such as the BISI brand. Sad isn't it? Kuncoro was imprisoned in 2010 while Tukirin is on probation.[2] And if you have difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html
2. Ibid.

Rabu, 09 Maret 2022

Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "Preparation Before Opening a Police Report In Indonesia" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail'. This article quoted entirely from website: www.kai.or.id, titled "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia".

Life is hard, it is the strong and the intelligent who survive. Even though he only graduated from elementary school, the 41-year-old MK (initials) didn't want to just give up. Relying on his creativity and also his ability in electronics, he made a new television from used equipment such as used tubes and screens.[1]

Instead of getting an appreciation, the Court was even imprisoned for being accused of selling non-standard and potentially dangerous electronic goods. It's true, all electronic devices should pass a quality test, but does the government care and make it easy for this? In fact not. Now MK is in prison just because he recycles used goods to make them fit again.[2] And if you have difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html
2. Ibid.

Senin, 07 Maret 2022

Preparation Before Opening a Police Report In Indonesia

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "The Pants Lawsuit", "What's The Difference Between Police Report and Public Complaint?" read also "How to Open a Police Report in Indonesia?", "The Example of Official Police Report Receipt in Indonesia" and on this occasion we will discuss about 'Preparation Before Opening a Police Report In Indonesia'. By reading this article to the end, the author hopes that the reader is well prepared before opening a Police Report.

Opening a Police Report to the relevant police station is certainly not an easy thing for everyone. However, for legal professionals such as advocates, it is certainly not a new thing. What difficult is to share information that is part of the daily life of a legal professional to the majority of people who do not understand the law. This is the challenge of this article, explaining the technicalities to the general public.

Let's leave aside for a moment the positive rules of rigid legal norms of Criminal Procedure Code (KUHAP), this article will guide readers on practical things that must be prepared before opening a Police Report. Be ready audience.

Legal Incident

Let's say you are on vacation in Bali and have an unpleasant legal incident due to 'pickpocketing'. Or let's say you are in Jakarta for a certain business and you are having a bad day because the inn/hotel where you are staying has been burglarized. Of course there are many other examples that are not pleasant to tell here, but what is certain is that you have to deal with the law and go to the Police Station to open a report. 

First lesson: this is the first lesson, you must know the location where the legal incident that you experienced occurred. By knowing the location where you experienced the legal incident as referred, then you will know which Police Station you must report to. If you are pickpocketed on Kuta beach, then you may open a Police Report at the Badung Police Station.

Second lesson: this is the second lesson, it's about the category of crime you have experienced. You don't need to know that pickpocketing is regulated in what article of the Criminal Code. You also don't need to know what article theft is included in the Criminal Code. Just saying that you have been pickpocketed or have stolen to the Police Officer is enough, it is assumed that the Police Officer who is on duty at the Integrated Police Service Center (SPKT) already knows what article is regulated in the Criminal Code.

ID Card

Bring your ID card, this is to show that you are a legal subject. During the reporting process later at the Police Station, your identity will be asked and furthermore will be included in the proof of report.

Sir, I am a foreign citizen, is my national ID card valid? If you are a foreign citizen, then the identity you should show is your Passport. Sir, how do I show my passport, it has been stolen? Technically, you have to show your identity, so try to have a copy or back-up of your ID card. 

Third lesson: this is the third lesson, you must show your ID card or passport to the Police officer.

Event Description

The chronology of events is related to the description of the legal incident that you experience. This includes the date of the incident, the time of the incident, the place of the incident (for example at a hotel or beach or other place).

Then describe a brief chronology of events, for example:
"On the afternoon of December 20, 2021 I went to Kuta Beach with my girlfriend, then we swam and put our wallets in the bags we carried. We put the bag in a place not too far from where we were swimming and occasionally we still watched it from a distance. After swimming, we rinsed and cleaned ourselves, and I only realized when I was about to take the towel in the bag that my wallet had disappeared. ATM card, Credit card, hotel electronic key, shopping card and cash money amount of Rp. 1.000.000, - also disappeared inside the the wallet. The losses suffered were a number of ... Rupiah.
Fourth lesson: this is the fourth lesson, you must describe the legal incident. This, as far as the author knows, is not difficult. Later the Police Officer will guide you to translate it into a sentence. 

In addition, you will also be asked, do you know who is the perpetrator of the crime? Just answer honestly if you don't know. You will also be asked who were the witnesses who saw it at that time? If there was anyone, then mention at least two person. 

Sign The Report

Finally, you must sign the criminal report as mentioned above. This indicates that the report you have given to the Police Officer is correct. According to the facts that you experienced and you have told it as should be. Keep in mind that making a false or incorrect Police Report can be criminalized, the author strongly discourages this.

Fifth lesson: this is the fifth lesson, you must sign the report as a part of formal legal act. 

Other things that might be on the minds of all readers are: when should I report to the Police? the answer is anytime, the Police Integrated Service Center (SPKT) is open in 24 hours. Or some readers may ask: are there any official fees to be paid to Police officers when we open a Police Report? The answer is there are no fees levied by the Police officers.

Dear readers, as the epilogue part of this article, please note that this article can guide you in opening a Police Report at your local Police Station. It's just that this article is intended for criminal acts that are classified as vague or simple, such as pickpocketing or theft. Also be remember that there is a disclaimer on this site. For more complex and difficult criminal acts such as fraud or embezzlement, the author suggests that all readers should hire an advocate. And if you have difficulties to open a Police Report in Indonesia, contact us, feel free in 24 hours, we will be glad to assist you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. KUHAP or Law Number: 8 of 1981 concerning Criminal Procedure Code.

Sabtu, 05 Maret 2022

The Pants Lawsuit

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "The Case of: Is The Tomato a Fruit Or Vegetable?", "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'The Pants Lawsuit'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

In 2005, Roy Pearson, a former D.C administrative judge, filed a civil case against his dry cleaning company over a lost pair of trousers. Pearson allegedly left a pair of grey trousers, distinguishable by a unique trio of belt loops, at Custom Cleaners. After a delay due to the trousers accidentally being sent to another dry cleaners, the trousers were returned a few days later. But Pearson refused to accept the trousers, claiming they were not his, despite confirmation from the dry cleaners’ records, tags and Pearson’s receipt.[1]

Pearson demanded $1,000 to cover the cost of the “lost” trousers, but the Chungs, the owners of the dry cleaners, refused.  As a result, he filed a lawsuit based on the issue of ownership of the presented pair of trousers and that the company’s signs “Same Day Service” and “Satisfaction Guaranteed” were misleading. The Chungs offered settlements three times in the sums of $3,000, $4,600 and $12,000, all of which Pearson rejected. Pearson demanded $54 million in damages for inconvenience, mental anguish and fees for representing himself. He lost after four years of trying every legal avenue to win.[2]

An article by The Washington Post in 2016 revealed Roy Pearson may face sanctions: “On June 3, a three-person hearing committee for the D.C Board on Professional Responsibility found Pearson committed two ethics violations of interfering with the administration of justice and presenting arguments not supported by facts or law.”[3] And if you have any legal issue related with this topic, contact us, feel free in 24 hour, we will be happy to help you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history
2. Ibid.
3. Ibid.

Jumat, 04 Maret 2022

The Case of: Is The Tomato a Fruit Or Vegetable?

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "The Hot Coffee Spill Lawsuit", "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'The Case of: Is The Tomato a Fruit Or Vegetable?'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

In 1893, the Supreme Court ruled that the tomato is a vegetable. The whole situation came about during a case between the Nix family, one of the largest sellers of produce in New York City, and Edward Hedden, a collector at the Port of New York.[1]

The Nix family sued Hedden to recover fees they had spent on transporting the tomatoes, because legislation at the time stated tax must be paid on imported vegetables, but not fruit.[2]

Allegedly during the trial, both sides put forward definitions of fruit and vegetables to argue their cases. Botanically, any seed-bearing structure formed from a flowering plant, is a fruit.[3]

The court unanimously decided that the scientific classification doesn’t change common language, and that a tomato is a vegetable because the public generally think of it as one.[4] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history
2. Ibid.
3. Ibid.
4. Ibid.

Contoh NIB (Nomor Induk Berusaha)

( iStock ) Oleh: Mahmud Kusuma, S.H., M.H. ( Certified Attorneys at Law ) Pada kesempatan yang lalu platform www.hukumindo.com telah membah...